SARAVANA Vs. STATE

JUDGEMENT

(1.) Petitioner is before this Court under Sec. 438 of Cr.P.C with a prayer to enlarge him on anticipatory bail in C.C.No.32/2023 pending before the Senior Civil Judge and JMFC, T.Narasipura, for the offences punishable under Ss. 379, 465, 471 IPC, Rules 42 and 44 of KMMC Rules and Ss. 4(1), 4 (1A) and 21 (1) of the MMDR Act, 1957.

(2.) Heard the learned counsel for the parties.

(3.) Learned counsel for the petitioner submits that prior to filing of private Complaint in C.C.No.32/2023, FIR in Crime No.321/2016 was registered against the petitioner on the same facts and in the said case, the petitioner was granted anticipatory bail by this Court in Crl.P.No.4142/2017 on 7/11/2017. Subsequently, private complaint was filed against the petitioner before the Trial Court and after taking cognizance against the petitioner, summons was not issued to the petitioner. Petitioner was never served with summons at any stage. Inspite of the same, NBW was issued against the petitioner and thereafter, proclamation order was also issued. Therefore, prays to allow the petition.